(a)Whoever, within the special maritime and territorial jurisdiction of the United States, is guilty of an assault shall be punished as follows:

(1)Assault with intent to commit murder or a violation of section
2241 or
2242, by a fine under this title, imprisonment for not more than 20 years, or both.

(2)Assault with intent to commit any felony, except murder or a violation of section
2241 or
2242, by a fine under this title or imprisonment for not more than ten years, or both.

(3)Assault with a dangerous weapon, with intent to do bodily harm, by a fine under this title or imprisonment for not more than ten years, or both.

(4)Assault by striking, beating, or wounding, by a fine under this title or imprisonment for not more than 1 year, or both.

(5)Simple assault, by a fine under this title or imprisonment for not more than six months, or both, or if the victim of the assault is an individual who has not attained the age of 16 years, by fine under this title or imprisonment for not more than 1 year, or both.

(6)Assault resulting in serious bodily injury, by a fine under this title or imprisonment for not more than ten years, or both.

(7)Assault resulting in substantial bodily injury to a spouse or intimate partner, a dating partner, or an individual who has not attained the age of 16 years, by a fine under this title or imprisonment for not more than 5 years, or both.

(8)Assault of a spouse, intimate partner, or dating partner by strangling, suffocating, or attempting to strangle or suffocate, by a fine under this title, imprisonment for not more than 10 years, or both.

(B)a temporary but substantial loss or impairment of the function of any bodily member, organ, or mental faculty;

(2)the term “serious bodily injury” has the meaning given that term in section
1365 of this title;

(3)the terms “dating partner” and “spouse or intimate partner” have the meanings [1] given those terms in section
2266;

(4)the term “strangling” means intentionally, knowingly, or recklessly impeding the normal breathing or circulation of the blood of a person by applying pressure to the throat or neck, regardless of whether that conduct results in any visible injury or whether there is any intent to kill or protractedly injure the victim; and

(5)the term “suffocating” means intentionally, knowingly, or recklessly impeding the normal breathing of a person by covering the mouth of the person, the nose of the person, or both, regardless of whether that conduct results in any visible injury or whether there is any intent to kill or protractedly injure the victim.

Opening paragraph was added to preserve the jurisdictional limitation provided for by section
451 of title
18, U.S.C., 1940 ed., now section
7 of this title. (See reviser’s note thereunder.)

Phraseology was simplified.

Amendments

2013—Subsec. (a)(1). Pub. L. 113–4, § 906(a)(1)(A), added par. (1) and struck out former par. (1) which read as follows: “Assault with intent to commit murder, by imprisonment for not more than twenty years.”

Subsec. (a)(7). Pub. L. 113–4, § 906(a)(1)(E), substituted “substantial bodily injury to a spouse or intimate partner, a dating partner, or an individual who has not attained the age of 16 years” for “substantial bodily injury to an individual who has not attained the age of 16 years” and “a fine” for “fine”.

1994—Pub. L. 103–322, § 330016(2)(B), substituted “a fine under this title” for “fine of not more than” through the immediately following dollar amount wherever appearing.

Pub. L. 103–322, § 320101(c), as amended by Pub. L. 104–294, § 604(b)(12)(B), which directed the amendment of subsec. (c) by substituting “ten years” for “five years” and the amendment of subsec. (e) by substituting “six months” for “three months”, were executed by making the substitutions in subsecs. (a)(3) and (a)(5), respectively, to reflect the probable intent of Congress and the redesignation of subsecs. (c) and (e) assubsecs. (a)(3) and (a)(5), respectively. See below.

Pub. L. 103–322, § 170201(a)–(d), as amended by Pub. L. 104–294, § 604(b)(7), designated existing provisions as subsec. (a), redesignated former subsecs. (a) to (f) as pars. (1) to (6), respectively of subsec. (a) and realigned margins, inserted before period at end of par. (5) “, or if the victim of the assault is an individual who has not attained the age of 16 years, by fine under this title or imprisonment for not more than 1 year, or both”, and added subsecs. (a)(7) and (b).